Partly allowed

Rabbul Islam S/O Isuddin v. State of Rajasthan

Rajasthan HC13 Apr 2023CRLW/568/2023

Case brief

AI extract

What is this about?

The High Court disposed of the Criminal Writ Petition seeking parole. The petitioners weak financial condition was verified. The Court modified the previous order to waive the requirement of furnishing one surety for the petitioner's release on parole, retaining only a personal bond.

What did the court decide?

The order dated 17.01.2023 is modified to waive the condition of furnishing one surety of Rs.50,000/-; petitioner released on furnishing personal bond of Rs.50,000/- only.

Rabbul Islam S/O Isuddin Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/006543]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition (Parole) No. 568/2023

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Rabbul Islam S/o Isuddin, Aged About 30 Years, R/o Nagabad, Police Station Lahari Ghat, District Gauri Gaon (Assam) At Present R/o Deep Darshan Colony, Chandravardai, Police Station Ramganj, District Ajmer (Raj.) At Present In Open Air Camp Sanganer, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur.

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The District Parole Advisory Committee Through Its Chairman, District Magistrate, Jaipur (Raj.)

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Superintendent Central Jail, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Vishram Prajapati, Adv. For Respondent(s) : Mr. N.S. Gurjar, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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13/04/2023

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Petitioner has preferred this Criminal Writ Petition (Parole) with a limited prayer for waiving the condition of furnishing two attested sureties imposed by District Collector & District Magistrate vide order dated 17.01.2023, on the ground that financial condition of the petitioner is very weak.

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Report was sought from the learned State Counsel with regard to financial status of the petitioner. A report dated 09.04.2023 has been received from Superintendent of Police, Ajmer. From perusal of which, it is revealed that financial

[2023/RJJP/006543]

[CRLW-568/2023]

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condition of the petitioner is very weak. He is not in a position to furnish sureties imposed by the Authority and thus, he is unable to avail the benefit of parole.

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We have perused the order dated 17.01.2023 and the report dated 09.04.2023 with regard to financial status of the petitioner submitted by the Superintendent of Police, Ajmer.

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From perusal of the order dated 17.01.2023, it is evident that petitioner was granted parole on furnishing of personal bond of Rs.50,000/- and one surety of Rs.50,000/-. Petitioner was unable to produce the surety imposed by the Authority and was thus unable to avail the benefit of parole.

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Since, parole application filed by the petitioner has been allowed and the only prayer of petitioner is to waive the condition imposed by the Authority with regard to furnishing of one surety, this Court deems it proper to dispose of the present Criminal Writ Petition (Parole) and modify the order dated 17.01.2023, qua the petitioner.

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Consequently, the present Criminal Writ Petition (Parole) is disposed of and the order dated 17.01.2023 qua the petitioner passed by District Collector & District Magistrate is modified to the extent that the petitioner shall be released on second regular parole on furnishing of personal bond of Rs.50,000/- only. The condition of furnishing one surety of Rs.50,000/- is waived.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/10

Rabbul Islam S/O Isuddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rabbul Islam S/O Isuddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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